DUI Defense Serving Families Throughout Austin

DUI Defense Attorneys in Austin, TX

What is a DUI?

DUI stands for ‘driving under the influence,’ meaning driving under the influence of drugs and alcohol. Specifically, however, a DUI only applies to people under the age of 21 in Texas, those who are not old enough to legally drink alcohol.

Texas operates under a ‘zero tolerance’ policy for minors who drink and drive. This means that if a minor driving a motor vehicle has any detectable trace of alcohol on them, they can be charged with a DUI. Therefore, if you are under 21 and are pulled over after having as little as one drink, you can receive a drinking and driving charge, even though you are not legally drunk. Instead, you are being punished for the simple act of consuming alcohol under the legal age.

What is the Difference Between DUI and DWI in Texas?

DUI and DWI are both related to drinking and driving, but the distinction has to do with the age of the offender and the recorded BAC at the scene. Here is an explanation of the differences between DUI and DWI in Texas.

In Texas, there is zero tolerance for under-aged drinking, meaning a person under the age of 21 cannot drive with a BAC of any level. There can be no detectable sign of alcohol in their blood in the least. If a person under the age of 21 is breathalyzed and found with a BAC of as little as .02, he or she can be charged with a DUI.

On the other hand, if someone who is at least 21 years old is breathalyzed and receives the same BAC of .02, he or she will most likely be free to go, as long as no other laws have been broken.

A DWI, which stands for ‘driving while intoxicated,’ is a much harsher offense than a DUI, and this is reflected in harsher penalties. For a DWI, anyone caught driving with a BAC of .08 or higher is legally intoxicated, and can be charged with the crime. However, it is possible for a person under the age of 21 to be charged with a DWI. If the under-aged driver’s blood alcohol content (BAC) is greater than .08, the charge is upped to a serious DWI charge.

To learn more about DWI penalties in Texas, check out our DWI page.

Texas DUI Penalties

A DUI is considered a Class C misdemeanor, and there are many penalties for a DUI that can negatively impact your life, though there is no possibility for jail time.

  • For instance, you could be forced to pay a fine of as much as $500, and for young people especially, this can be a significant amount of money to pay.
  • Moreover, a DUI conviction could land you with up to 40 hours of community service that you must complete within a certain time period. This can make juggling school, a job, extracurricular activities, and hobbies, along with this mandatory community service very difficult; not to mention, this can put a significant strain on your social life.
  • It does not stop there, but a DUI conviction could require you to attend mandatory alcohol awareness classes – don’t even think about trying to skip these, your attendance will be recorded and any discrepancies noted by the court. Lastly and probably most significant, if you are convicted of a DUI, your driver's license could be suspended for up to 60 days. This penalty will only further disrupt the life you have, making it hard to get to school, work, and important social events.

As you can see, even though you will not go to jail for your first DUI offense, there are many other consequences that can negatively impact your life in more ways than you can imagine. As a young person under 21, you probably have a lot on your plate; you definitely do not have room for the repercussions of a DUI charge.

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